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4:00 - REGULAR MEETING ORDER OF BUSINESS 1. Call to Order Chairman Vaughns called the meeting to order at 4:01 p.m. 2. Roll Call Present:
Absent:
Chairman Vaughns asked Board Secretary Boomer if Director Kasolas had notified the Secretary of his absence. She replied that he had not provided notification. 3. Announcement of prohibition of sound producing devices during the meeting. Chairman Vaughns announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. She advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices may be removed from the meeting. 4. Approval of Minutes On motion to approve the minutes of the September 21, 2004 Regular Meeting: unanimously approved (Kasolas, McCray-absent). 5. Communications Board Secretary Boomer announced that Item 11 regarding the Amendment No. 2 to Contract CS-137, Brokerage Services for the Owner-Controlled Insurance Program for the Third Street Light Rail Transit Project, with Merriwether & Williams Insurance Services was removed from the agenda at the request of staff. In addition, 10.1 (L) settlement of the Constance Kilbore case was removed from the agenda and continued to the next meeting. 6. Introduction of New or Unfinished Business by Board Members None. 7. Executive Director's Report -Special Recognition Award -Third Street Project Phase II, New Central Subway -Preliminary FY06 Budget Discussion -Ongoing Activities Exec. Director Burns was pleased to present the Special Recognition to Keisha Fairley who joined DPT as a dispatcher in December 1999. She has been a solid contributor to the DPT Dispatch Center where she has performed many diversified and complex tasks in an exemplary manner. She has effectively operated the dispatch and tow desk system. Her warm, helpful personality has enhanced the DPT image. She is self-motivated and takes the initiative to learn new techniques. In almost 5 years, Ms. Fairley has not missed a single day of work due to illness. DPT has received numerous phone calls from citizens commending her professionalism, patience and helpfulness. Commander Harper recognized Ms. Fairley for her exceptional work effort. Chairman Vaughns thanked Ms. Fairley and congratulated her on behalf of the Board. As part of the Octavia Boulevard Project construction, a 150-foot segment of the track on Market Street between Duboce Avenue and Valencia Street will be replaced. During construction, the F-line will operate between Fisherman's Wharf and 11th Street. The contractor will work on one track at a time beginning in November and is expected to take seven days. This work will upgrade the tracks to accommodate increased stress from cross traffic once the new Central Freeway ramps have been opened. Since Monday, Sept. 13th , the Powell-Mason cable car line has been shut down between Washington & Powell and the end of the line at Bay & Taylor due to the reconstruction of the turntable at Bay & Taylor. During construction, buses have been substituted for the cable cars. The work is on schedule and is expected to be complete by Friday, October 29th , with full cable car service on the Powell-Mason line resuming on Saturday, October 30th . A Superior Court Traffic Commissioner ruled that the automated technology employed to deter red light running is "reliable and accepted within the scientific community". The court also supported the stance that San Francisco has operated its program in accordance with the California Vehicle Code. In addition to improvements at the camera locations, this program has had a beneficial "spillover" effect throughout the city. The number of collisions with injuries decreased by 10% and the total number of injuries decreased 15% in the five years after the program compared to the five years before the program. To date, the program has issued more than 75,000 citations. Director Mezey asked for a report on the number of citations that have been upheld in court, as he would like to know if the courts are holding up their end. He would also like to know the statistics on accident reduction. Deputy Director Yee stated that staff would provide the requested information. He added that there has been a 40% reduction in accidents at intersections controlled by red-light cameras. City-side, the percent of red light running related accidents has dropped by 10%. On "Walk to School Day", DPT teamed up with the Unified School districts to increase traffic safety awareness. The DPT Livable Streets Program distributed literature to principals that promotes the benefits of walking to school safely. They have developed year-round activities to promote the need for safe walking routes to school. The MTA's FY05 goals had been provided to every employee. They are similar to last year's goals and tie into the FY06 budget. John Thomas, Project Manager, New Central Subway and Gary Griggs, Project Manager, Parsons, Brinckerhoff, presented an update of the new Central Subway, including alignment, schedule, community outreach, station and portal location and design, cost estimates and legislative issues. Alicia Fletcher, Muni Budget Director and Julia Dawson, DPT Budget Director, presented a preliminary review of the FY06 budget. Some of the current fiscal year concerns may carry over to next year. For example, the anticipated service adjustments for the current FY are yet to be implemented. In addition, this year's budget contained approximately $21 million in one-time revenues that will not be available next year. This year's budget principles will be to preserve service levels, continue the focus on safety and security, support the Third Street project and emphasize internal efficiency. The main focus will be on providing service. Expenditures for next year are expected to exceed revenue due to cost of living adjustments and retirement and benefit increases. The DPT budget anticipates the same labor expenditures as Muni and is looking fairly stable. In anticipation of a deficit in Muni's FY'06 budget, staff will be looking to implement new revenue sources or for additional efficiencies. Chairman Vaughns expressed her appreciation for beginning the dialogue early
on the FY06 budget. She expressed anticipation that marketing strategies
associated with the budget were being developed, both quantitative and qualitative.
PUBLIC COMMENT: David Pilpel stated that his belief iss that the New Central Subway is a bad project, and will generate very few new riders. He looks forward to it never being constructed. He appreciated that the budget has been brought to the Board early. The Board should review all leases for administrative offices to make better use of the MTA's existing facilities. He urged the Board to look at management staffing, as there are some cases where particular functions are either over or under managed. Last year the layoffs fell disproportionately on lower level personnel. The MTA should start a dialogue now if staff is going to propose service adjustments. 8. Citizen's Advisory Council Report Daniel Murphy, Chairman, CAC, presented three new recommendations: 1) adoption of the Fourth Street alignment for the New Central Subway; 2) giving high priority to keeping the Muni map up to date, as it is useful, understandable and readable and 3) Muni seek funding to post bus schedules at all owl or low ridership stops, as it would be useful to attract riders to low-usage lines. (Chairman Vaughns thanked Mr. Murphy for the CAC's thoughtful recommendations.) 9. Public Comment David Pilpel stated that his understanding is that the August sign-up has still not happened. There needs to be a January general sign-up for operators per the MOU. Yesterday, a CAC committee discussed the Wayside Fare Collection Report. There are some major policy recommendations and implications for Muni's fare policy. He fears that these policy decisions will get buried in the budget process. He strongly encouraged additional public outreach. Richard Rothman was frustrated with his dealings with DPT's Traffic Engineering Department. He has been impacted by the Octavia St. construction and has tried multiple times to reach the department to offer suggestions to relive the congestion. They haven't returned any of his messages. He thinks it is unacceptable that staff doesn't return phone calls or try to work with the public. He wishes there was a plan to integrate the two departments to carry out the mandate of Prop E. William Sisk stated that the new contract is being violated and they had no place to go to speak with anyone about it. TWU has to deal with managers that aren't adhering to the MOU and who are viciously violating it. He would like to sit down with a director to straighten it out. Barry Taranto thinks that more PCO's are needed to improve the way that parking spaces are turned over and how traffic moves through the city, particularly during off hours, evenings and weekends. The DPT phone system needs to be revamped because malfunctions happen during off hours and need to be dealt with promptly. The current phone number isn't easy to remember. PCOs need to be better deployed to make them more effective. Mr. Taranto thanked Debbie Borthne for handling the 49'er games. Chairman Vaughns closed public comment. She requested that Exec. Director Burns get back to her regarding the alleged MOU violations. THE FOLLOWING MATTERS BEFORE THE MUNICIPAL TRANSPORTATION AGENCY BOARD ARE RECOMMENDED FOR ACTION AS STATED BY THE DIRECTOR OF TRANSPORTATION, AND CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CONSENT AND REGULAR CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 401 VAN NESS AVE. #334. CONSENT CALENDAR 10. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Municipal Transportation Agency Board, and will be acted upon by a single vote of the Board. There will be no separate discussion of these items unless a member of the Board or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item. (10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the MTA:
Board Secretary Boomer clarified that the Joshua Jennings case had been filed on December 21, 2001 and the Farmers Insurance case had been filed on September 8, 2003. In addition, as previously stated, item 10.1 (L) was continued to the meeting of November 2, 2004. RESOLUTION 04-144 (10.2) Approving the following traffic modifications: A. RESCIND - TOW-AWAY, NO STOPPING, 7 AM - 7 PM, EVERYDAY , ESTABLISH - TOW-AWAY, NO STOPPING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY, McAllister Street, north side, from Gough Street to 60 feet easterly. B. RESCIND - 1-HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY, ESTABLISH - 2-HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY, 20 th Street, both sides, between Capp and Valencia Streets C. REVOKE - TOW AWAY LANE (NORTH SIDE) - BUSES, TAXIS AND RIGHT TURNS ONLY, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY, ESTABLISH - RIGHT LANE - BUSES, TAXIS AND RIGHT TURNS ONLY , AT ALL TIMES 300 block of Geary Street (transit lane) D. ESTABLISH - TOW AWAY NO STOPPING ANYTIME - 820 O'Farrell Street at Larkin Street, northwest corner, from Larkin Street to 94 feet westerly to create a 94-foot Left Turn Pocket during non-peak hours. E. ESTABLISH - TOW AWAY NO STOPPING ANYTIME - 709 O'Farrell Street at Hyde Street, southwest corner, from Hyde Street to 90 feet westerly to create a 90-foot right-turn pocket. F. REVOKE - BUS ZONE (75-FOOT ZONE) - 608 Geary Street, at Jones Street, northwest corner, from Jones Street to 75 feet westerly, and 684 Geary Street at Leavenworth Street, northeast corner, from Leavenworth Street to 75 feet easterly. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-145 (10.3) Authorizing the Director to implement parking rates for the 2004 holiday carpool validation program at the Ellis-O'Farrell Garage, the Union Square Garage, the Sutter-Stockton Garage and the Fifth and Mission Garage to be effective from November 26, 2004 through January 2, 2005 between 10:00 AM and 6:00 PM; and authorizing the Director of Transportation to implement parking rates for the holiday shopping carpool validation program for the next three holiday seasons. (Explanatory documents include a staff report, and resolution.) (DPT) RESOLUTION 04-146 (10.4) Authorizing the Director to accept and expend $497,050 in TEA 21, Section 3015 capital assistance for Muni's Alternative Fuel Technology Consortium project. (Explanatory documents include a staff report, and resolution.) (MUNI) Director Mezey requested that the item be severed stating his surprise to learn that we were considering using pure-electric buses and wondered if they would be able to operate in San Francisco's environment. Exec. Director Burns referred to Muni's Zero-Emission Plan that calls on Muni to use electric vehicles. Muni has tested electric buses and is currently addressing several issues, including vehicle range and the amount of space that the batteries occupy on-board. Staff may also look to the hybrid technology for the 30-foot buses. RESOLUTION 04-147 On motion to approve Item 10.4: ADOPTED: AYES - Black, Din, Mezey and Vaughns NAYES - Kasolas and McCray (10.5) Authorizing the Director to retroactively execute Amendment #8 to the Red Light Photo Enforcement Contract with PRWT Services, Inc. to extend the contract term by nine months to July 15, 2005, at no additional cost. (Explanatory documents include a staff report, resolution and amendment.) (DPT) RESOLUTION 04-148 (10.6) Authorizing the Director to issue a Request for Proposals, and negotiate a contract for engineering and project management consulting services in support of Muni's Alternative Fuel Bus Procurement Program. (Explanatory documents include a staff report, resolution and financial plan.) (MUNI) RESOLUTION 04-149 (10.7) Authorizing the Director to execute the Third Amendment to the Agreement with Concentra Medical Center to extend the Agreement through June 30, 2006, and increase the contract to an amount not to exceed $107,000. (Explanatory documents include a staff report, resolution and amendment.) (MUNI) RESOLUTION 04-150 On motion to approve the Consent Calendar: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray REGULAR CALENDAR MUNICIPAL RAILWAY 11. Authorizing the Director to execute Amendment No. 2 to Contract CS-137, Brokerage Services for the Owner-Controlled Insurance Program for the Third Street Light Rail Transit Project, with Merriwether & Williams Insurance Services, for an amount not to exceed $400,919 for a total contract amount not to exceed $1,177,551, with no extension of the term of the contract. (Explanatory documents include a staff report, resolution, amendment and financial plan.) This item was continued to the November 2 meeting. PUBLIC COMMENT: David Pilpel expressed concern with the financial plans for calendar items 11, 12 and 13. The financial plan doesn't clearly support this increase in funds and the format doesn't lend itself to knowing how much is allocated for each specific contract. He was not questioning the substance of the items, just the financial plan. 12. Authorizing the Director to execute Contract Modification No. 14 to Contract No. MR-1144, Third Street Light Rail Project: Donner Avenue to Hester Avenue, with Shimmick Construction/Homer J. Olsen, to construct a retaining wall above the newly constructed Highway 101 offramp, for an amount not to exceed $704,724 and a total contract amount not to exceed $40,993,910, with a time extension of 83 calendar days. (Explanatory documents include a staff report, resolution, contract modification and financial plan.) No public comment. RESOLUTION 04-151 On motion to approve: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray 13. Authorizing the Director to execute Modification No. 4 to Contract No. MR-1145, Third Street Light Rail Project: Hester Avenue to Sunnydale Avenue, with Shimmick Construction/ Homer J. Olsen, to extend the time to complete the contract work by 91 calendar days, to November 22, 2004, at a cost of $95,000, for a total contract amount not to exceed $14,586,156. (Explanatory documents include a staff report, resolution, contract modification and financial plan.) No public comment. RESOLUTION 04-152 On motion to approve: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray RECESS REGULAR MEETING AND CONVENE CLOSED SESSION CLOSED SESSION 1. Call to Order Chairman Vaughns called the closed session to order at 5:52 p.m. 2. Roll Call Present:
Absent:
Also present:
3. Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege. On motion to invoke the attorney-client privilege: unanimously approved (Kasolas, McCray-absent). 4. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney‑-client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Existing Litigation: (4.1) Nichole Beard, Superior Ct. #416598 filed on 1/22/03 for $17,500 RESOLUTION 04-153 On motion to approve: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray (4.2) Nancy Gordon, Superior Ct. #402184 filed on 12/7/01 for $22,000 RESOLUTION 04-154 On motion to approve: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray (4.3) Lucky Leighton, Superior Ct. #414709 filed on 11/14/02 for $855,000 RESOLUTION 04-155 On motion to approve: ADOPTED: AYES - Black, Din, Mezey and Vaughns ABSENT - Kasolas and McCray 5. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board will meet in closed session to discuss attorney‑client matters in the following case: CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: __X ____ As defendant ___ X __ As plaintiff Also Present:
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 6:55 p.m. 14. Announcement of Closed Session. Chairman Vaughns announced the Board met in closed session to discuss the Beard, Gordon and Leighton cases with the City Attorney. The Board voted unanimously to settle the cases. The Board also met with the City Attorney to discuss anticipated litigation. There was no action taken. 15. Motion to disclose or not disclose the information discussed in closed session. On motion to not disclose the information discussed: unanimously approved (Kasolas, McCray-absent). ADJOURN - The meeting was adjourned at 6:57 p.m. A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors. Roberta Boomer The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [ S.F. Campaign and Governmental Conduct Code section 2.100 et seq. ] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415-581-2300; fax: 415-581-2317; 30 Van Ness Ave., Suite 3900, SF, CA 94102-6027 or the web site: sfgov.org/ethics. |
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